On giving the matter some consideration, I came to the conclusion that the proposal for severance was less attractive and less desirable than I initially thought. Paraphrasing from the decision in Ross River Dene Council v. Canada (Attorney General), supra, I derive the following propositions that ought to guide me in my exercise of judicial discretion: a judge’s discretion to sever should not be exercised in favour of severance unless there is a real likelihood of a significant saving in time and expense. Severance may be appropriate if the issue to be tried first could be determinative, in that its resolution would put an end to the action. Severance should generally not be ordered when the issue to be tried is interwoven with other issues in the trial. Mr. Justice Groberman observes in general that the jurisprudence on the subject suggests that courts adopt a cautious approach to the severance of issues.
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